Gorsuch has a “stomach bug,” and “out of an abundance of caution,” he will participate remotely, according to Patricia McCabe, a spokeswoman for the court. But she stressed that Gorsuch, who is vaccinated, had taken a Covid-19 test Monday and Tuesday and the results of both tests were negative.
The court has closed its doors to members of the public, because of Covid-19. Only journalists, lawyers and law clerks are actually sitting in the court room, six feet apart.
In Tuesday’s first case, Roberts did call upon Gorsuch at one point. He spoke up from a speaker phone saying he had “no questions.” The two cases the justices are hearing concern a First Amendment case and another regarding the Federal Arbitration Act.
At oral arguments Monday, the justices were all on the bench to hear a controversial case concerning a Texas six week abortion ban. Only Justice Sonia Sotomayor wore a mask, likely because she suffers from diabetes and is taking extra precautions against Covid. Last month, however, Justice Brett Kavanaugh tested positive for Covid-19 and worked from home during the first sitting, calling in remotely.
All of the justices are vaccinated.
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